Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law : National Council for Teacher Education 1993: U.P. Basic Education Act 1972: U.P. Basic Education (Teachers) Service Rules 1981-Rule 5 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law : National Council for Teacher Education, 1993: U.P. Basic Education Act, 1972: U.P. Basic Education (Teachers) Service Rules, 1981-Rule 5" Constitution of India, 1950-Articles 14, 15, 16 and 350-A: Special Basic Teacher's Certificate training course-By State Government-For Primary Schools-Training not recognized under 1993 Act Rules providing qualification and procedure for selection of candidates 50% seats reserved for female candidates-Change made in preparation of merit list from State-wise basis to District-wise basis-Validity of the act of the State-Held: The Special Training course was contrary to the provisions of the Basic Education Act, Rules and 1993 Act-Reservation for female candidates is not arbitrary and hence not violative of Articles 14, 15 and 16-State's act in changing the criteria for preparation of merit list from State-wise basis to District-wise basis is arbitrary and violative of Article 15(1) and 16(2)-There is no violation of Article 350-A as the case is not shown to be one of linguistic minority. In view of insufficient number of Teachers holding Basic Teacher's Certificate (BTC), required for primary schools run by the Basic Education Board, respondent-State decided to impart special training to B.Ed./L.T. in order to employ them as Teachers in the primary schools. 50% of the seats were reserved for female candidates. There was also a restrictive condition for the candidates to make the applications only against the vacancies available in their home district. Subsequently the restrictive condition was modified and it was decided to prepare the merit list at the State level. Thereafter again the condition was imposed and decided to prepare the merit list at the District Level instead of State Level. The candidates who had applied on the basis of the order providing preparation of merit list State-wise, since were not selected, filed writ Petition. Single Judge of High Court allowed the Petition. Division Bench of High Court also decided in favour of the State. Hence the present appeals. |
Judge | Hon'ble Mr. Justice B.N. Srikrishna |
Neutral Citation | 2005 INSC 256 |
Petitioner | Rajesh Kumar Gupta And Ors. |
Respondent | State Of U.p. And Ors. |
SCR | [2005] 3 S.C.R. 1171 |
Judgement Date | 2005-05-04 |
Case Number | 3048 |
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